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GIBLIN v. BEELER

Nos. 9517-9519.

396 F.2d 584 (1968)

Frances H. GIBLIN, Appellant and Cross-Appellee, v. Robert BEELER, Appellee. Wilma BEELER and Juliette Beeler, Appellees and Cross-Appellants, v. Floyd LAMPERT and First National Bank of Beloit, Kansas, a corporation, Cross-Appellees.

United States Court of Appeals Tenth Circuit.

June 20, 1968.

Attorney(s) appearing for the Case

B. L. Pringle, Topeka, Kan. (Terence M. O'Brien, Kansas City, Mo., and John S. Dean, Jr., Topeka, Kan., were with him on the brief), for appellant, Frances H. Giblin and cross-appellees, Floyd Lampert and The First Nat. Bank of Beloit, Kan.

Jerry W. Hannah, Topeka, Kan. (T. D. Relihan, Terry E. Relihan, Smith Center, Kan., Clayton M. Davis, Mark L. Bennett, Sr. and Mark L. Bennett, Jr., Topeka, Kan., were with him on the brief), for appellees and cross-appellants.

Before MURRAH, Chief Judge, LEWIS, Circuit Judge, and CHRISTENSEN, District Judge.

DAVID T. LEWIS, Circuit Judge.

This is a diversity action arising in the District of Kansas by the complaint of plaintiff Giblin as the holder of five promissory notes each executed by one or more of the defendants Beeler. Plaintiff, principal stockholder in and chairman of the board of the First National Bank of Beloit, Kansas, obtained the notes through the efforts of Lampert, president of the bank and admittedly plaintiff's general agent in the transactions. Each...

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